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HomeMy WebLinkAboutORDINANCE 6198 . . ARCHIVED OF Fp „, 'r L J , w==,; IIIIIIIIIIIIIIIIIIIIII1111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .. -::: Doc ID: 018685210008 Type: REL ;�f gRKA NS PS Kind: ORDINANCE Recorded: 07/12/2019 at 03:05.39 PM Fee Amt: $50.00 Page 1 of 8 113 West Mountain Street Washington County, AR Fayetteville,AR 72701 Kyle Sylvester Circuit Clerk (479) 575-8323 F11e20 1 9X000205 1 1 Ordinance: 6198 File Number:2019-0344 VAC 19-6667 (417 W. MLK BLVD./FARMERS' COOPERATIVE): AN ORDINANCE TO APPROVE VAC 19-6667 FOR PROPERTY LOCATED AT 417 WEST MARTIN LUTHER KING JR BOULEVARD TO VACATE PORTIONS OF GENERAL UTILITY EASEMENTS 1 AND RIGHTS-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes;and WHEREAS, the City Council has determined that the following described portions of general utility easements and rights-of-way are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of general utility easements and rights-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. A 15-foot electric utility easement shall be dedicated along the eastern boundary of the property for the existing overhead facilities along School Avenue; Page 1 Printed on 6/17/19 File Number.' 2019-0344 2. Easements shall be dedicated for existing or proposed public infrastructure as required by the City's Water and Sewer Department; and 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 6/18/2019 Attest: Sondra E. Smith♦♦� GOER K .��,.•• GITY ••F,I 'F e •� • �'q NS PS .'���`. 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EASEMENT DESCRIPTION of E2: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet to the POINT OF BEGINNING; thence North 0256'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 228.01 feet; thence South 0219'48" West a distance of 50.00 feet; thence North 87°03'40" West a distance of 228.54 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E3: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 188.26 feet to the POINT OF BEGINNING; thence South 8703'40" East a distance of 16.00 feet; thence South 0219'48" West a distance of 300.00 feet; thence North 8740'12" West a distance of 16.00 feet; thence North 02°19'48" East a distance of 300.17 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E4: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 116.01 feet to the POINT OF BEGINNING; thence North 02°19'48" East a distance of 260.01 feet; thence South 87°03'40" East a distance of 12.00 feet; thence South 02°19'48" West a distance of 260.01 feet; thence North 87°03'40" West a distance of 12.00 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E5: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 228.01 feet to the POINT OF BEGINNING; thence North 2623'36" East a distance of 192.24 feet; thence South 1343'44" East a distance of 184.09 feet; thence North 8703'40" West a distance of 129.32 feet back to the POINT OF BEGINNING EASEMENT DESCRIPTION of E6: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 228.01 feet to the POINT OF BEGINNING; thence South 8703'40" East a distance of 60.00 feet; thence South 0219'48" West a distance of 350.00 feet; thence North 87°03'40" West a distance of 60.00 feet; thence North 02°19'48" East a distance of 350.00 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E7: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 288.01 feet to the POINT OF BEGINNING; thence South 8703'40" East a distance of 128.93 feet; thence South 00°46'31" East a distance of 50.11 feet; thence North 8703'40" West a distance of 131.65 feet; thence North 02°19'48" East a distance of 50.00 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E8: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 461.71 feet to the POINT OF BEGINNING; thence North 1343'44" West a distance of 240.32 feet; thence South 8632'41" East a distance of 31.40 feet; thence South 1343'44" East a distance of 240.03 feet; thence North 87°03'40" West a distance of 31.32 feet back to the POINT OF BEGINNING. EMENT DESCRIPTION of E9: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 416.94 feet; thence South 00°46'31" East a distance of 50.11 feet; thence North 87°03'40" West a distance of 50.82 feet to the POINT OF BEGINNING; Thence 378.32 feet along a non -tangent curve to the left, said curve having a radius of 931.80 feet and being subtended by a chord bearing and distance of South 22°15'16" East a distance of 375.72 feet; thence North 87°03'40" West a distance of 37.16 feet; Thence 375.45 feet along a non - tangent curve to the right, said curve having a radius of 961.80 feet and being subtended by a chord bearing and distance of North 21°22'33" West a distance of 373.08 feet; thence South 87°03'40" East a distance of 30.83 feet back to the POINT OF BEGINNING EASEMENT DESCRIPTION of E10: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 416.94 feet; thence South 0046'31" East a distance of 50.11 feet; thence South 87°03'40" East a distance of 52.41 feet to the POINT OF BEGINNING; thence South 87°03'40" East a distance of 31.14 feet; Thence 208.12 feet along a non -tangent curve to the right, said curve having a radius of 801.80 feet and being subtended by a chord bearing and distance of South 20°18'41" East a distance of 207.53 feet; thence South 0220'21" West a distance of 9.49 feet; thence South 0222'36" West a distance of 47.40 feet; Thence 273.62 feet along a non -tangent curve to the right, said curve having a radius of 831.80 feet and being subtended by a chord bearing and distance of North 21°42'53" West a distance of 272.39 feet back to the POINT OF BEGINNING ALLEY DESCRIPTION of Al: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 416.94 feet; thence South 00°46'31" East a distance of 50.11 feet; thence South 87°03'40" East a distance of 13.57 feet to the POINT OF BEGINNING; thence South 87°03'40" East a distance of 12.00 feet; thence South 04°03'06" West a distance of 200.89 feet; thence North 87°20'12" West a distance of 12.00 feet; thence North 04°03'06" East a distance of 200.95 feet back to the POINT OF BEGINNING Washington County, AR I certify this instrument was filed on 07/12/2019 03:05:39 PM and recorded in Real Estate File Number 2019-00020511 Kyle Sylvester- 'rcuit Clerk by City of Fayetteville, Arkansas ,r. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 1 A Text File f^L File Number: 2019-0344 Agenda Date: 6/18/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 VAC 19-6667 (417 W. MLK BLVD./FARMERS' COOPERATIVE): AN ORDINANCE TO APPROVE VAC 19-6667 FOR PROPERTY LOCATED 417 WEST MARTIN LUTHER KING JR BOULEVARD TO VACATE PORTIONS OF GENERAL UTILITY EASEMENTS AND RIGHTS-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of general utility easements and rights-of-way are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of general utility easements and rights-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. A 15 -foot electric utility easement shall be dedicated along the eastern boundary of the property for the existing overhead facilities along School Avenue; 2. Easements shall be dedicated for existing or proposed public infrastructure as required by the City's Water and Sewer Department; and 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Paye 1 Printed on 8117/2019 City of Fayetteville Staff Review Form 2019-0344 Legistar File ID 6/18/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 5/31/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6667: Vacation (417 W. MLK BLVD./FARMERS COOPERATIVE, 523-562): Submitted by SPECIALIZED REAL ESTATE, INC. for properties located at 417 W. MLK BLVD. The properties are zoned MSC, MAIN STREET CENTER, 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contain approximately 2.13 acres. The request is to vacate portions of general utility easements and rights-of-way. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance No Item Cost NA Budget Adjustment Remaining Budget Fund Project Title 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 18, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: May 31, 2019 STAFF MEMO SUBJECT: VAC 19-6667: Vacation (417 W. MILK BLVD./FARMERS COOPERATIVE, 523- 562): Submitted by SPECIALIZED REAL ESTATE, INC. for properties located at 417 W. MLK BLVD. The properties are zoned MSC, MAIN STREET CENTER, I- 1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contain approximately 7.35 acres. The request is to vacate portions of general utility easements and rights-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6667 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. A 15 -foot electric utility easement shall be dedicated along the eastern boundary of the property for the existing overhead facilities along School Avenue; 2. Easements shall be dedicated for existing or proposed public infrastructure as required by the City's Water and Sewer Department; and 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is on the southwest corner of South School Avenue/Highway 71 B and Martin Luther King Jr. Boulevard/Highway 180. Rezoned to DG, Downtown General, and MSC, Main Street/Center in accordance with the Downtown Master Plan in 2006, portions of the property are also zoned 1-1, Heavy Commercial and Light Industrial. The property is currently developed with the Farmers' Co-operative, including several non-residential buildings serving a mixture of retail and storage purposes. Proposal: The property is encumbered by large areas of easement and un -improved right-of-way, as well as several significant public water and sanitary sewer mains. As part of site preparation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 for development, the applicant requests vacation of many of these easements and rights-of-way (see attached Exhibit A). DISCUSSION: At the May 28, 2019 Planning Commission meeting, this item was forwarded as part of the consent agenda to the City Council with a recommendation of approval, with all conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission packet 4b_ B F -6 GJ k-. a6 a ;129- —al . 1 5 �q �t-g' j LU Z M0 ra vMM'62^st v Q LU tu 0 :zz 6 LIJ fl 2F!, t0 0o .2 lHoU AM! 5t 1C it Ie 1W ilii m T [L Yr IL o O o m o ED c x :add I gn E OE Lu w w ,I ------------------- 4 �-n r�w r ..... ; %7"11, S£pE % z5 21 aae41 21 -H,H .nit. 5s. , 'a 1 z'a P 3a aaaPQsaEapp z 5t MR M2 z alm 2.j AJ!2�ai 3 't s 2 8 3. Zjt=N. 6 d2 -• —HO — 1� ,— I k� j -- If - � Z _- I , . i wm A V -,I,. gf]I— '01 vz a3 E SSSg.1'. 1 Sr lAsill 3 as VAC 19-6667 EXHIBIT B EMENT DESCRIPTION of E1: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: BEGINNING at the SW Corner of said SW 1/4 , SE 1/4; thence North 0254'08" East a distance of 10.31 feet to a set half-inch (1/2") pipe; Thence 72.66 feet along a non -tangent curve to the right, said curve having a radius of 402.57 feet and being subtended by a chord bearing and distance of North 7751'57" East a distance of 72.56 feet to a set half-inch (1/2") pipe. thence North 02°28'40" East a distance of 20.83 feet. thence South 87°03'40" East a distance of 49.83 feet; thence South 0256'20" West a distance of 50.00 feet; thence North 8703'40" West a distance of 119.72 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E2: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet to the POINT OF BEGINNING; thence North 0256'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 228.01 feet; thence South 02°19'48" West a distance of 50.00 feet; thence North 8703'40" West a distance of 228.54 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E3: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 188.26 feet to the POINT OF BEGINNING; thence South 87°03'40" East a distance of 16.00 feet; thence South 0219'48" West a distance of 300.00 feet; thence North 87°40'12" West a distance of 16.00 feet; thence North 02°19'48" East a distance of 300.17 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E4: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet; thence North 02'56'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 116.01 feet to the POINT OF BEGINNING; thence North 02'19'48" East a distance of 260.01 feet; thence South 8703'40" East a distance of 12.00 feet; thence South 0219'48" West a distance of 260.01 feet; thence North 87°03'40" West a distance of 12.00 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E5: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 228.01 feet to the POINT OF BEGINNING; thence North 2623'36" East a distance of 192.24 feet; thence South 13°43'44" East a distance of 184.09 feet; thence North 8703'40" West a distance of 129.32 feet back to the POINT OF BEGINNING EASEMENT DESCRIPTION of E6: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 228.01 feet to the POINT OF BEGINNING; thence South 8703'40" East a distance of 60.00 feet; thence South 0219'48" West a distance of 350.00 feet; thence North 8703'40" West a distance of 60.00 feet; thence North 0219'48" East a distance of 350.00 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E7: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4 , SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 02°56'20" East a distance of 50.00 feet; thence South 8703'40" East a distance of 288.01 feet to the POINT OF BEGINNING; thence South 87°03'40" East a distance of 128.93 feet; thence South 00°46'31" East a distance of 50.11 feet; thence North 87°03'40" West a distance of 131.65 feet; thence North 02°19'48" East a distance of 50.00 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E8: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 87'03'40" East a distance of 461.71 feet to the POINT OF BEGINNING; thence North 13°43'44" West a distance of 240.32 feet; thence South 86°32'41" East a distance of 31.40 feet; thence South 1343'44" East a distance of 240.03 feet; thence North 87°03'40" West a distance of 31.32 feet back to the POINT OF BEGINNING. EASEMENT DESCRIPTION of E9: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 416.94 feet; thence South 00'46'31" East a distance of 50.11 feet; thence North 87°03'40" West a distance of 50.82 feet to the POINT OF BEGINNING; Thence 378.32 feet along a non -tangent curve to the left, said curve having a radius of 931.80 feet and being subtended by a chord bearing and distance of South 22`15'16" East a distance of 375.72 feet; thence North 8703'40" West a distance of 37.16 feet; Thence 375.45 feet along a non - tangent curve to the right, said curve having a radius of 961.80 feet and being subtended by a chord bearing and distance of North 2122'33" West a distance of 373.08 feet; thence South 87°03'40" East a distance of 30.83 feet back to the POINT OF BEGINNING EASEMENT DESCRIPTION of E1 Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 87°03'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 416.94 feet; thence South 0046'31" East a distance of 50.11 feet; thence South 8703'40" East a distance of 52.41 feet to the POINT OF BEGINNING; thence South 8703'40" East a distance of 31.14 feet; Thence 208.12 feet along a non -tangent curve to the right, said curve having a radius of 801.80 feet and being subtended by a chord bearing and distance of South 20°18'41" East a distance of 207.53 feet; thence South 02'20'21" West a distance of 9.49 feet; thence South 0222'36" West a distance of 47.40 feet; Thence 273.62 feet along a non -tangent curve to the right, said curve having a radius of 831.80 feet and being subtended by a chord bearing and distance of North 21°42'53" West a distance of 272.39 feet back to the POINT OF BEGINNING ALLEY DESCRIPTION of Al: Part of the SW/4 of the SE/4 of Section 16 and a part of the NW/4 of the NE/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas (including part of Blocks 14, 15, 20, 21 and 23, in Ferguson Addition to the City of Fayetteville, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; part of the former Arkansas and Missouri Railroad right-of-way; and part of the former P & GE Railroad right-of-way), all together being more particularly described as follows: COMMENCING at the SW Corner of said SW 1/4, SE 1/4; thence South 8703'40" East a distance of 119.72 feet; thence North 0256'20" East a distance of 50.00 feet; thence South 87°03'40" East a distance of 416.94 feet; thence South 00°46'31" East a distance of 50.11 feet; thence South 87°03'40" East a distance of 13.57 feet to the POINT OF BEGINNING; thence South 87°03'40" East a distance of 12.00 feet; thence South 04°03'06" West a distance of 200.89 feet; thence North 8720'12" West a distance of 12.00 feet; thence North 0403'06" East a distance of 200.95 feet back to the POINT OF BEGINNING CITY OF IVFAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: May 28, 2019 (Updated with Planning Commission Results) SUBJECT: VAC 19-6667: Vacation (417 W. MILK BLVD./FARMERS COOPERATIVE, 523-562): Submitted by SPECIALIZED REAL ESTATE, INC. for properties located at 417 W. MLK BLVD. The properties are zoned MSC, MAIN STREET CENTER, 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contain approximately 7.35 acres. The request is to vacate portions of general utility easements and rights-of-way. RECOMMENDATION: Staff recommends forwarding VAC 19-6667 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6667 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property on the southwest corner of South School Avenue/Highway 71 B and Martin Luther King Jr. Boulevard/Highway 180. Rezoned to DG, Downtown General, and MSC, Main Street/Center in accordance with the Downtown Master Plan in 2006, the property is currently developed with the Farmers' Co-operative, including several non-residential buildings serving a mixture of retail and storage purposes. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Mixed-use Residential/Commercial MSC, Main Street/Center South Multi -family Residential; CS, Community Services Restaurant DG, Downtown General West Commercial; Church, MSC, Main Street/Center; Trucking Establishment 1-1, Heavy Commercial and Light Industrial; MSC, Main Street/Center-, East Commercial C-2, Commercial Thoroughfare, DG, Downtown General Proposal: The property is encumbered by large areas of easement and un -improved right-of-way, as well as several significant public water and sanitary sewer mains. As part of site preparation Planning Commission May 28, 2019 Agenda Item 6 19-6667 Farmers Co-op Page 1 of 9 for development, the applicant requests vacation of many of these easements and rights-of-way (see attached exhibit). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Utility Cox Communications AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Transportation Public Comment: No public comment has been received. Response No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. No objections, provided that a 15 -foot utility easement be dedicated along the eastern boundary of the property for existing overhead facilities. No objections and no comment. No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. No objections and no comment. Response No objections, provided new easements will be dedicated with the forthcoming large scale development. No objections and no comment. No objections and no comment. RECOMMENDATION: Staff recommends forwarding VAC 19-6667 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. A 15 -foot electric utility easement shall be dedicated along the eastern boundary of the property for the existing overhead facilities along School Avenue; 2. Easements shall be dedicated for existing or proposed public infrastructure as required by the City's Water and Sewer Department; and 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; Planning Commission GAETC\Development Services Review\2019\Development Services\19-6667 VAC May 28, 2019 417 W. MLK Blvd. (Farmer's Cooperative) 523-562\03 Planning Commission\05-28-2019 Agenda Item 6 19-6667 Farmers Co-op Page 2 of 9 PLANNING COMMISSION ACTION: Required YES Date: May 28, 2019 O Tabled M Forwarded 0 Denied Motion: Belden, on the consent agenda Second: Brown Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petitions to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6667 VAC May 28, 2019 417 W. MLK Blvd. (Farmer's Cooperative) 523-562\03 Planning Comm ission\05-28-2019 Agenda Item 6 19-6667 Farmers Co-op Page 3 of 9 April 16, 2019 Mayor and City Council 113 W Mountain Fayetteville, AR 72701 To the Fayetteville Mayor and City Council, VAC 19-6667 Request Letter Specialized Real Estate Group (SREG), as the authorized agent of the relevant parcels, hereby submits an application that includes a request to abandon and vacate numerous existing easements and an alley on the Farmer's Cooperative property described in the plat documents included with the application (the "Property"). Concurrently, SREG will also submit an LSD Application to the Fayetteville Planning Commission, which will include a request to create utility and other easements. SREG submits this cover letter to supplement our vacation application and ask that the Mayor and City Council approve this request, conditional upon the approval of the LSD Application. In the past, numerous alleys and roads crisscrossed the Property, but were abandoned with easements being retained by the city. This has created a pattern of easements that dominate the Property, leaving sanitary systems without easements, easements that run underneath buildings and easements without any utility systems at all. In its applications, SREG is requesting that the existing easements and alley be vacated and abandoned and replaced with utility and other easements to serve the public purpose for which they are designed. Further, the existing alley within the Property has never been utilized as for general public access and the city transportation department has provided no objections to its abandonment. The numerous easements on the Property do not serve any public purpose and create a hardship. Utilizing the Property without the proposed easements in place also creates a substantial hardship, such as the placement of utility systems without public easements. SREG requests that Mayor and City Council approve the abandonment and vacation application as requested, conditional on the approval of the LSD Application by the Planning Commission. This will allow SREG to create new utility easements where needed by the forthcoming large-scale development plan. Please feel free to contact me with any questions. Best Regards, 01� Lawrence Finn, (404) 931-8426 lawrence@specializedreg.com REAL ESTATE GROUP Planning Commission May 28, 2019 Agenda Item 6 19-6667 Farmers Co-op Page 4 of 9 April 17, 2019 Planning Commission and City Council 113 W Mountain Fayetteville, AR 72701 To the Fayetteville Planning Commission and City Council, SPECIALIZED ra 15 N Church Ave, Ste 103 Fayetteville, AR 72701 VAC 19-6667 Petition to Vacate We, the undersigned, being the authorized agents of the owners of the real estate abutting the easements and alleys hereinafter sought to be abandoned and vacated, lying in parcels 765-05523-001, 765-05523- 000, 765-05522-000, 765-05509-000, 765-05507-000, 765-05510-000, 765-05511-000, and 765-05512-002 of the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley and several easements described in the attached legal descriptions exhibit: That the abutting real estate affected by said abandonment of the alley are parcels 765-14937-000, 765-1490-000, 765-05517-000, 765-05513-000, 765-05542-000, 765-05543-000, 765-05512-001, 765-05544-000, 765-05502-000, 765-05501-000, and 765-05504-000, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described alley and easements. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this day of April 17, 2019 Lawrence Finn Printed Name �- r Planning Commission May 28, 2019 Agenda Item 6 19-6667 Farmers Co-op Page 5 of 9 i J Y P I g 4; LU Q win P2 P1 A -.1, § 0� -0 EO 0 4 Mg! A 2 2 U0, Q) A M-k�oos ?F i �—Jw �h;- �-'18 I 0 H LIZ WH 4 1W L u 0 CY) L) > LLJ jW j I CL a. 0 v 0 0 0 0 CO 0 M 0 ...... . . . . E E uj 4Lu --------------- ol §fjy 2=n r•A 1:NUU.- s I pgp fi.,?I% im-T, f. -Hp i�IgA All z -6 i'i . — ligp . IH UND] 91 't '6 Dt2 P I sv�! e� 1 -2 Z.! v z�2v� a is zz I 2 -.; az w '�2 ;;Yli . kel 1 u's T .a-4-6 �s . — '- 17: A4�iz :zlx.g Commission May 28, 2019 Agenda Item 6 MEN 2 z i r EE H 51 10"667 Farmers Co-op ........ . -- Page 6 of 9 VAC 19-6667 One Mile View FARMERS COOPERATIVE 0 0.125 0.25 JVAn i.. Legend Planning Area L I Fayetteville City Limits - Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint 0. Planning Area O Fayetteville City Limits 0.5 Miles Lf - NORTH 'BLVD �.. .cL it.I ■ J J O _ U Z ,R., EXTRACTION RESIDENTIAL SINGLE-FAMILY �E t♦Rai aw, aFngrKu�ural "'� RSF .5 COMMERCIAL nr�a4UlRce RSF-t RSF-: RSF ERE L -T FORM BASED DISTRICTS sra O D<rv„iw., wr< RS S DN wou .re RESIDENEN TIAL MULTI -FAMILY Ma„GReer Genre, ERR R- ei-1. Twe aM T-.4—ry S' Daw,no.a Geee,al F61 i® C<n n ry ces k�x", RMF.IL r,m ervKes ®Re �:ery RMF -i4 PLANNED ZONING DISTRICTS ® RMF -1p `-j Cwwue,w A.,ufrucl. R.— INDUSTRIAL INSTITUTIONAL a. g nauarr . � P -r Planning Co mission ifty-28, 2019 Agenda Item 6 19-6667 Farmers Co-op Page 7 of 9 VAC 19-6667 Close Up View Lu Q z a 111 z ( w 0 0 FARMERS COOPERATIVE PRAIRIE -QT RNIF-24 CHESHIRE CT Legend Shared Use Paved Trail - - — Trail (Proposed) Design Overlay District — - Planning Area L — — Fayetteville City Limits Building Footprint Subject Property rj Feet 0 75 150 300 450 1 inch = 200 feet 'Q 0 J A& NORTH RMF -24 1-1 Heavy Commercial and Light Industrial C-2 Main Street Center . Downtown General Community Services 600 M P-1 Planning Co mission -.y'28,2019 Agenda Item 6 19-6667 Farmers Co-op Page 8 of 9 VAC19-6667 FARMERS COOPERATIVE Current Land Use NORTH LU Qo �r T H 5 ST UWJ --_•_ ° 1— ..,m ^�4 MIXEd USt s q y t MART BLVD x INLUTH• ER KING ccn nlrr.,.i 1 l Institutionaltt t� s �. --- IIIduStII I 71 z _ f €a e Su l- PiopeQ,, ..=.. It f• f t �` { �¢,arCHESHIRE V 4 Q I MuIt F ywiily 1111.esidei,icd W kg' Z �# t 1 y� t t at Streets Existing MSP Class PRINCIPAL ARTERIAL Planning Area Fayetteville City Limits i Design Overlay District Feet 0 75 150 300 450 1 inch = 200 feet ME FEMA Flood Hazard Data 100 -Year Floodplain Floodway Planning Co mission 28, 2019 Agenda Item 6 19-6667 Farmers Co-op Page 9 of 9 A `S1 s, ,:. 1 t m fLLJ ? F °` .--- - > snst;n Q O O ., { y�s Coln1 cial w w: 9TH ST Feet 0 75 150 300 450 1 inch = 200 feet ME FEMA Flood Hazard Data 100 -Year Floodplain Floodway Planning Co mission 28, 2019 Agenda Item 6 19-6667 Farmers Co-op Page 9 of 9 RECEIVED "JUL 0 5 2019 NOR H""TARKANSc CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Vem®crat T AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6198 Was inserted in the Regular Edition on: June 27, 2019 Publication Charges: $ 105.30 (�&�CW�00 Cathy St Subscribed and sworn to before me This ZS day of,4u,,,2019. &W, h � 4 Notary Public _r My Commission Expires: Zk0/ZM,4, CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6198 File Number:2019-0344 VAC 19-6667 (417 W. MLK BLVD./FARMERS' COOPERATIVE): AN ORDINANCE TO APPROVE VAC 19- 6667 FOR PROPERTY LOCATED AT 417 WEST MARTIN LUTHER KING JR BOULEVARD TO VACATE PORTIONS OF GENERAL UTILITY EASEMENTS AND RIGHTS-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of general utility easements and rights-of-way are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of general utility easements and rights- of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly ceni£ed by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: I. A 15 -foot electric utility easement shall be dedicated along the eastern boundary of the property for the existing overhead facilities along School Avenue; 2. Easements shall be dedicated for existing or proposed public infrastructure as required by the City's Water and Sewer Department; and 3. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 6/18/2019 Lioneld Jordan Attest: Sondra E. Smith 74991089 June 27, 2019